Govt. to overhaul 1893 Evidence Act

Govt. to overhaul 1893 Evidence Act – AG

Aug 19, 2023 News

Kaieteur News – The Government of Guyana has commenced consulting with a firm to overhaul the 1893 Evidence Act and some other archaic laws.

This was announced by Minister of Legal Affairs and Attorney General (AG), Anil Nandlall, S.C, on Wednesday during the commissioning of the new Vigilance Magistrates’ Courts.

In his address, Minister Nandlall underscored that restorative justice will be practised across the length and breadth of Guyana.

“Massive changes are taking place across the legal sector, across the legislative landscape and in particular in the area of criminal justice and in areas that will impact this magistrate’s court,” he said.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC

The Attorney General then disclosed that on Wednesday morning, he held discussions with a consultant to overhaul the archaic evidence law. In fact, he stated that the law requires overhaul so it is on the Government’s agenda.

During the 32^nd sitting of the National Assembly, the Evidence (Amendment) Bill 2021 was passed.

Minister of Home Affairs, Robeson Benn had presented the Bill to the House, with amendments made to Section 42 of the Evidence Act, Chapter 5:03. The section was amended to allow officers of the Guyana Forensic Science Laboratory and other analysts when required to provide evidence in matters before the courts. Clause 2 of the Bill seeks to modify Section 43 of the Principal Act to include the report of an ‘evidence officer’ as receivable by the court. Notably the clause also amended subsection (4) to expand the list of objects that can be examined by an analyst to include ‘hair.’

Amendments were also made to make receivable as evidence certificates or laboratory examination forms issued by the Guyana Forensic Science Laboratory or any other accredited forensic science laboratory, as prescribed by the minister, by order, after consultation with the Director of the Forensic Science laboratory.

Furthermore, subsection (5) was amended to include a science officer of the Guyana Forensic Science Laboratory, thereby removing scientific officer of the Guyana Police Force – for subsection (6) there was an insertion to include the definition of an evidence officer.

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Anil Nandlall, Attorney General, Evidence Act, Minister of Legal Affairs, SC

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